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DUI DEFENSE: ATTACKING THE BLOOD TEST
After a DUI arrest in Los Angeles, DUI investigating officers (LAPD, CHP, the Sheriffs, or local police agency officers), are required to tell the arrested driver that he has to take a blood test or a breath test. The purpose of the test is to measure the alcohol in the bloodstream of the arrested driver. If it is a breath test, you can see the results right away. If it is a blood test, the results will not be available for several weeks. The blood test is considered to be more accurate than the breath test, and because the blood is kept by the police, Los Angeles drunk driving attorneys can retest the collected blood later. The breath sample used […]
LOS ANGELES DUI CLASSES AFTER A DUI CONVICTION
As part of a DUI conviction, often, the Superior Court will order DUI classes. The class is required as part of any first-offense DUI and any second-offense DUI. A DUI is considered a first-offense DUI if there are no prior DUI convictions within the past 10 years counting from the arrest date to the arrest date. For example, if you were convicted for a Los Angeles DUI 9 years and 11 months before you were re-arrested for another Los Angeles DUI arrest; however, the offense happened more than 10 years before the current arrest for a Los Angeles DUI, you will not be charged with a second DUI in Los Angeles. If you are charged with a second DUI (or third […]
What is Reckless Driving and Why is it Better Than DUI?
This article discusses Reckless Driving in Los Angeles. Click on the links below to go directly to your topic of interest. Reckless Driving: “Wet Reckless” Reckless Driving: “Dry Reckless” Why Reckless Driving is Better Then DUI Reckless driving is an offense that can be prosecuted when a person intentionally drives a vehicle in a “wanton” disregard for the safety of person or property. To prove reckless driving, the People of the State of California have to prove that you drove a vehicle, that you were aware that your actions created a risk of harm and you ignored that risk. There is no requirement that you intended to cause damage. All elements of the offense and the intent must be proven […]
Los Angles DUI Attorney Cost
How much does a good DUI lawyer cost? The price of hiring a professional DUI defense attorney to help you fight your case in the Superior Court and at the Administrative Per se hearing varies between practitioners. It is not uncommon to hear that some lawyers will charge as little as $500.00 to represent defendants in court. On the other hand, it is also possible to hire an attorney who values his services extremely high and to pay $10,000.00 or more for even pretrial representation. Typically, it is not advisable to hire attorneys on the low end of the price range mostly because they will be either inexperience or not motivated to litigate the criminal case to get the best possible […]
DUI Blood Test Errors in Los Angeles
In this article, we will discuss DUI Blood Test Errors that are well known and can cause serious problems in Los Angeles DUI prosecutions. DUI Blood test is done when by police after a DUI arrest. If you are arrested, the police will tell you that you have to submit to a chemical test. Los Angeles DUI lawyers will help you fight your DUI case and show that a DUI blood test was not done correctly. The driver will be asked to choose to either do a blood test or the breath test when arrested for a DUI. Only if neither test is available, the police have to offer a urine test. Urine test is very unreliable compared to breath […]
SEARCH AND SEIZURE LAWS IN CALIFORNIA
This article discusses SEARCH AND SEIZURE LAWS. Click on the links below to go directly to your topic of interest. SEARCH AND SEIZURE DEFINITION SEARCH AND SEIZURE CASES UNREASONABLE SEARCHES AND SEIZURES ILLEGAL SEARCH AND SEIZURE SEARCH AND SEIZURE OF VEHICLES SEARCH AND SEIZURE: GENERALLY A search and seizure motion is one of the most important ways to defend a criminal case Los Angeles Superior Court. If won, the court will throw out the evidence against you. Without evidence, the DA will have to dismiss your case. If the stop is illegal, if won, the court will dismiss your DUI or dismiss your criminal case on their own motion. In California, Search and Seizure Rights (found in the 4th amendment […]
Withdrawal of guilty DUI plea
Your Los Angeles Criminal Defense Attorney or Los Angeles DUI Attorney can help you get your DUI conviction thrown out. One way to do it is based on California Penal Code section 1018. A Los Angeles drunk driving attorney in our office will help you decide if you can win a motion to withdraw your guilty DUI plea. So, call a Los Angeles DUI and Criminal Defense attorney now to get helpful advice. PC 1018 California Penal Code section 1018 can be used for criminal cases that have not been sentenced and for cases where the sentencing was less than 6 months ago. So, if it has been less than 6 months since you were placed on probation by the […]
Prosecution in Los Angeles for Exhibition of Speed or Speed Contest (VC 23109)
Do screeching tires violate the law? Do you need an attorney who can defend you in a speed contest or exhibition of speed prosecution? Los Angeles DUI Attorney can help. Los Angeles DUI Attorney specializes in DUI, criminal, and “traffic” cases throughout Los Angeles county. Los Angles DUI attorneys will represent you in court to the best of our abilities, fighting to get a dismissal of all charges or to get a result that you will like. We also offer extensive motion and trial practice where our attorneys will convince the court or the jury that your criminal or traffic case should be thrown out of court or that you should get acquitted by the court or jury of all […]
Bench Warrant DUI. Tips on Handling and Getting Dismissals
Tips on Handling (and Getting Dismissals For) Some DUI Cases in a Bench Warrant DUI Status (Serna Motions) When a defendant fails to appear in court after being cited to appear by the arresting officer or fails to appear after a court order, the court may issue a warrant for the arrest of the defendant. A Los Angeles DUI Attorney can recall such a warrant, usually without the defendant having to go to court. Having a Bench Warrant DUI for an arrest can be very stressful and dangerous because any contact with a police officer can end up with a defendant being arrested. Many DUI cases in Los Angeles result in bench warrants simply because DUI defendants who are cited […]
DUI Defense: stop for not showing a turning signal
When a driver is pulled over without a reason, he can get his DUI in Los Angeles dismissed by suppressing the evidence obtained against him, including results of his blood or breath test, in a search and seizure motion pursuant to Penal Code Section 1538.5 and the Fourth Amendment. The police are allowed to pull over a driver only based on a violation of the Vehicle Code or some other law. (See People v. Durazo 124 Cal App 4th 728). If you were pulled over in Los Angeles because you failed to signal a turn and later arrested for a DUI, your DUI case can be fought based on a recent Court of Appeal decision. A recent Court of Appeal […]